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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • BankFodder
      Evri has probably lost a Parcel again.

      By BankFodder · Posted

      Wait until you get a refund from the purchaser before accepting anything else. Please will you post up the text of the email that you received.  Make sure that you look after the text that you received from the purchaser
    • knapper78
      Intrum passed unkown Debt onto Resolvecall

      By knapper78 · Posted

      I’ve just received a letter from a debt collection agency called Intrum about an old Halifax credit card debt, they have never been in touch before and the letter says that because I have failed to contact them they are passing on to a company called Resolvecall who specialise in home visits. This debt is from about 14 years ago when I got into some financial trouble, I had a default on file but that dropped off around 4 years ago. Is there anything I can do with this as I don’t really want people coming to my house, thanks in advance? 
    • Unknown2024
      Backdoor CCJ for Shortfall of Car Finance from VWFS (Audi Financial Services) - Set Aside but lost later hearing - 2018 diesel scrappage scheme help needed - want to appeal

      By Unknown2024 · Posted

      Just wanted to check if anyone knows, I'm in the process of retrieving the transcript. There was no time frame given in the appeal judges directions, does this mean none applies or is there an unwritten timeframe that applies as a default for these things? 
    • ProperDribbly
      Evri has probably lost a Parcel again.

      By ProperDribbly · Posted

      I left a trustpilot review and P2g have emailed me with the obligatory apology and have refunded the postage costs and are will to give £10 extra pre pay as a good will gesture. However,  as i wrote this the Buyer has just txt.me.to say they have received the parcel !  So obviously im now going.to suggest that she pays via Paypal ... I rang her this morning to see if it had arrived but she said she was on holiday and there was someone in her house she would have to contact to see if it had arrived which she obviously has ... So now i know its been delivered i cant go for P2g But i Can accept the exta £10 ...
    • jk2054
      Lost items sent through Parcel2Go and EVRi

      By jk2054 · Posted

      The defendant in this case is Parcel2Go.com Limited The claimant sent a parcel using Parcel2Go Ltd as a broker and Evri as the shipper via the Defendant's service containing which contained two handmade bespoke wedding trays to a customer with  under  tracking number P2Gxxxxxxxx. The parcel was never delivered although the defendant stated that three attempts had been made to deliver the parcel.  The claimants customer waited in for four days to receive the delivery but no delivery was attempted. There was no communication with the claimants customer.  Despite many web chats and emails the parcel was not delivered and on the Parcel2Go website it stated that the customer had refused delivery. This was not true as no delivery had been attempted.  I was The Defendant informed me that the parcel was being returned to me but after waiting three weeks I was informed by the courier that the parcel was lost. I was offered compensation of £20 + shipping fee which I refused and after sending Parcel2Go a Letter of claim this was increased to £75 which I also refused. The Claimant did not purchase the Defendant's insurance policy as requiring people to pay extra for rights already guaranteed under the consumer rights act 2015 is contrary to section 57 and 72 and therefore unenforceable. The Claimant rejected the Defendant's standard compensation offer. It is clear that the defendant is responsible for the loss of the parcel as they did not act with reasonable care and skill when handling the claimants parcel, contrary to section 49 of the Consumer Rights Act 2015.   By failing to ensure the safe delivery of the Claimant's parcel the Defendant breached section 49 of the CRA 2015.   AND THE CLAIMANT CLAIMS £370.00 being the value of the lost goods £xx.xx being the price of shipping and interest pursuant to s69 cca 1984.   See what BF thinks but I think something like this is better. Remember you are suing P2G not evri.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Capquest stat demand Successfully set aside

vauxman

By vauxman
in Debt Collection Agencies

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vauxman

vauxman

Posted
Posted

Hi all.

 

With so many people getting theses Stat Demands from Capquest here are some questions that the more learned people on here could answer please to help me and others

 

1. I don't own my house the debt is over 6 years old i have made no contact or payed anything to them or previous DCA that had this debt before capquest should i bother getting it set aside by a court?

 

 

2. If i do get it set aside does the court contact capquest and does this mean i have admitted the debt and the 6 years statute barred start again?

 

 

3.If i set aside will i have to go to court to face capquest at some sort of hearing and what would this entail?

 

 

4. My debt is £2000 what is the chances of them actually seeing this through ?

 

 

5. If i don't get it set aside and they do go all the way how far down the line can i use the statute barred

defence or would i have no chance because i did not set it aside?

 

6. How do we all feel that this is one big scare tactic again and they wont bother cause it will cost them loads.

 

7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

 

Many thanks.

 

Rog

 

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vauxman

vauxman

Posted
  • Author
Posted

Hi all.

 

With so many people getting theses Stat Demands from Capquest here are some questions that the more learned people on here could answer please to help me and others

 

1. I don't own my house the debt is over 6 years old i have made no contact or payed anything to them or previous DCA that had this debt before capquest should i bother getting it set aside by a court?

 

 

2. If i do get it set aside does the court contact capquest and does this mean i have admitted the debt and the 6 years statute barred start again?

 

 

3.If i set aside will i have to go to court to face capquest at some sort of hearing and what would this entail?

 

 

4. My debt is £2000 what is the chances of them actually seeing this through ?

 

 

5. If i don't get it set aside and they do go all the way how far down the line can i use the statute barred

defence or would i have no chance because i did not set it aside?

 

6. How do we all feel that this is one big scare tactic again and they wont bother cause it will cost them loads.

 

7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

 

Many thanks.

 

Rog

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maroondevo52

maroondevo52

Posted
Posted

Hi, Rog.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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postggj

postggj

Posted
Posted

as long as you have no contact with the creditor or dca for six years the debt is statute barred.

most of these stat demands are ment to scare but should not be taken lightly.

how did you receive the stat demand, i bet it was by second class post.

stat demands are normall given in person to be legal.

please confirm

 

set asside is easy and make sure you ask for costs as this is an abuse of court procedure

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palomino

palomino

Posted
Posted (edited)

You don't actually say so explicitly but can we assume you have actually received a statutory demand?

 

 

If the debt is over six years old, and you have neither made a payment towards it or made any other acknowledgment since the six-year period started, then the debt is definitely statute-barred. Once a debt is statute-barred then that cannot change. It sounds like Capquest have acquired the debt but whoever they bought it from has not bothered to mention the date of the debt - perhaps Capquest simply haven't bothered to check.

 

 

Being statute-barred is in itself a perfectly good grounds for applying for a set aside.

 

You will have to take the application for set aside to the court because you have to swear an affidavit under oath.

You should also attend the hearing itself as you may be required to give evidence relating to the debt (make sure you take every piece of paper with you). Attending the hearing isn't an admission of anything so, no, the debt doesn't become 'un'statute-barred.

 

The SD doesn't cost the applicant (Capquest) very much in relative terms (it's cheaper than going for a CCJ). If the SD is granted then they can petition for your bankruptcy - and this does cost them a lot more.

Edited by palomino
Wrong word

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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42man

42man

Posted
Posted

Great advice from Palomino

 

I would send Capquest this letter here 'M' send it by recorded delivery and do not hand sign it... - LETTER 'M' - Creditors and DCAs - Letter Templates & Budget Planner

 

With regard to the statutory demand, if it was me in your shoes, I would take it to your local court, and ask them if it is genuine....I know of one cagger here who took his to his local court and they recommended taking it to the magistrates court as it is a clear abuse of process....

 

CCA 1st Credit / Connaught - (POST #3:cool:

 

Let me know what the court says, if it is genuine then it needs to be set aside.....

 

Take a read of this thread too...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

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cashins

cashins

Posted
Posted
7. if i fill out the set aside forms the bit at the end(

Affidavit in Support of Application to Set Aside

Statutory Demand) do i just put this? (1) “Do not admit the debt

because…” ( its statute barred) is this enough to say here?

I would put a bit more giving the last dat of any contact that you are aware of - therefore Statute Barred etc.

Although this is probably 95% just another threat by them, I would still apply for the set aside as belt and braces. You can claim the cost back from them.

 

David

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vauxman

vauxman

Posted
  • Author
Posted

Hi all

 

Took some advise and went to court to set my stat demand aside .

 

Hope i done the right thing , all i put in the affidavit bit at the end was "I do not acknowledge any debt On the grounds that the alleged debt is statuette barred under the Limitation Act 1980 s.5. and i have made no payments or contact in at least 8 years" then had to do the swearing the oath thing

 

Hope this is ok :Cry::cry::Cry: bit worried i have not done enough and the judge will not be happy what you all think.

 

Rog

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beanpole

beanpole

Posted
Posted

Hi,

at least you've started ball rolling, well done.

My best advice is to read, read, read this forum and the relevant Acts.

Learn as much as you can, so that you can submit a more structured argument - it will make you more confident and keep the hearing focussed.

 

Some more experienced advice should be along soon !

BeanPole :)

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palomino

palomino

Posted
Posted

Having already lodged your application for set aside it appears you have already done the job. What do you feel you need help with?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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stuscfc

stuscfc

Posted
Posted

Hi did exactley the same thing yesterday with this lot of muppets and basicaly the same defence.As the law goes statute barred should be good enough on its own to get it set a side as it shows a strong dispute in the eyes of the law. When the judge reads through the particulars of the case he should put 2 and 2 together and reach statute barred as long as the 6 years or no service of the debt or aknoledgment is satisfied in the DJ mind.So hopefuly everything should be cool but i am no expert but this is my understanding.:)

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  • 2 weeks later...
MARTIN3030

MARTIN3030

Posted
Posted
http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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vauxman

vauxman

Posted
  • Author
Posted

Hi all.

 

Had a letter in the post today from my local court with the date for the hearing to set aside the stat demand.

 

But it falls right in the middle of my holiday :( , What do you all think i should? , if i call in at the court and ask for another date could they do this .

 

Many thanks for all help

 

ROG

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MARTIN3030

MARTIN3030

Posted
Posted

Yes best to write a letter to the Court manager and take it in.You can then witness it being sealed and acknowledged.

 

Court address

 

 

 

date case number You v Them

 

 

To the Court Manager-...................County Court

 

Urgent-to be lodged before the Judge/District Judge

 

 

Dear Sir/Madam.

 

 

 

I have recently recieved notification from this Court that my application for a set aside of the original order made on..............is listed for hearing on............ at this Court.

 

 

I respectfuly request that an alternernative date can be given due to me being unable to attend because of holidays.

 

These holidays were booked some time ago and at that time I had no grounds to know that I would later be required to attend Court.

 

 

I apologise to the Court for any inconvenience caused.

 

 

Yours Faithfully

 

 

 

XXXXXXXXX

 

 

Ask them if they can give you some ideas as to when you are likely to know if this will be ok.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...
vauxman

vauxman

Posted
  • Author
Posted

Hi All

 

Just some more advice needed, went to court today and the judge set aside the stat demand from Capquest :):) on the grounds that the debt is Statute Barred . They sent me a copy of the letter that they sent the court It said that they need more time to get info (yea right) and the last bit of the letter said

"We do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application be granted but with no order to costs .If as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the conuty court which will allow the applicant the opportunity to defend the claim."

 

My question is now? do i send Capquest the standard statute barred letter now as i have never contacted them with this before and do i put the bit at the top that says "without prejudice" as i read the following on another forum "You will see that it does not state without prejudice, this is because of a court case involving HMRC, where the courts ruled that Without Prejudice letters could be used in court. Additionally by NOT stating without prejudice, this also allows you to use this letter as defence evidence in court if necessary.

 

And i know not to sign the letter, But is it ok to just type my initals ?

 

Many thanks

 

Rog

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vauxman

vauxman

Posted
  • Author
Posted

The case was sorted out when i was not there as i the court tired to phone to say not to turn up today but could not get hold of me so the judge i seen today said it was all sorted so weather i will get anything in the post i dont know

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